Lawsuit Against a Company for Terminating a Pregnant Employee: Is Proof Required?

According to the provisions of Article 39 of the 2012 Labor Code, the employer is not allowed to unilaterally terminate the labor contract in the following cases:

- The employee is sick or has an occupational accident or disease and is undergoing treatment, convalescence as decided by an authorized medical facility.

- The employee is taking annual leave, personal leave, and other leave cases approved by the employer.

- Female employees who are getting married, pregnant, on maternity leave, or raising a child under 12 months old.

- The employee is taking leave to enjoy maternity policies according to the provisions of the law on social insurance.

According to the provisions of Article 91 of the 2015 Civil Procedure Code:

The employee initiates a lawsuit for a unilateral termination of the labor contract in cases where the employer is not allowed to exercise the right to unilaterally terminate the labor contract or cases where disciplinary action cannot be taken against the employee according to labor law, the burden of proof belongs to the employer.

==> The company terminating your employment while you are pregnant is a violation of law. Therefore, when you file a lawsuit against the company in court, the burden of proof is on the company. You do not have the obligation to prove anything when suing the company in court.

We hope that our advice will help resolve your concerns.

Wishing you health and success!